Plaintiff is permitted Sur-Reply and supporting Supplemental Declaration of Rick Elliott, which were attached to Plaintiff's motion as Exhibits A and B, respectively, are hereby deemed filed as Plaintiff requests. (Pl.'s Mot., Exs. A, B.) Further, Defendant's request for the "opportunity to file a substantive response" is granted. (Def.'s Opp'n 1:27.) Defendant shall file its response to Plaintiff's Sur-Reply no later than February 15, 2013.

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